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Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2022-05-16 and last amended on 2022-04-26. Previous Versions

PART 8Refugee Classes (continued)

DIVISION 4Pre-Removal Risk Assessment (continued)

Marginal note:Re-examination of stay — procedure

  •  (1) A person in respect of whom a stay of a removal order, with respect to a country or place, is being re-examined under subsection 114(2) of the Act shall be given

    • (a) a notice of re-examination;

    • (b) a written assessment on the basis of the factors set out in section 97 of the Act; and

    • (c) a written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act, as the case may be.

  • Marginal note:Assessments and response

    (2) Before making a decision to cancel or maintain the stay of the removal order, the Minister shall consider the assessments and any written response of the person in respect of whom the stay is being re-examined that is received within 15 days after the assessments are given to that person.

  • Marginal note:When assessments given

    (3) The assessments are given to an applicant when they are given by hand to the applicant or, if sent by mail, are deemed to be given to an applicant seven days after the day on which they are sent to the last address that the applicant provided to the Department.

  • SOR/2009-290, s. 6

Marginal note:Reasons for decision

 On request, an applicant shall be given a copy of the file notes that record the justification for the decision on their application for protection.

DIVISION 4.1Designated Foreign National — Requirement to Report to an Officer

Marginal note:Regular reporting intervals

  •  (1) For the purposes of subsection 98.1(1) of the Act, a designated foreign national referred to in that subsection who has not become a permanent resident under subsection 21(2) of the Act must report to an officer as follows:

    • (a) in person, not more than 30 days after refugee protection is conferred on the designated foreign national under paragraph 95(1)(b) or (c) of the Act; and

    • (b) once a year in each year after the day on which the foreign national first reports to an officer under paragraph (a), on a date fixed by the officer.

  • Marginal note:Reporting on request

    (2) The designated foreign national must also report to an officer if requested to do so by the officer because the officer has reason to believe that any of the circumstances referred to in paragraphs 108(1)(a) to (e) of the Act may apply in respect of the designated foreign national.

  • Marginal note:Additional reporting requirements

    (3) In addition to meeting the requirements of subsections (1) and (2), the designated foreign national must report to an officer

    • (a) any change in

      • (i) their address, not more than 10 working days after the day on which the change occurs, and

      • (ii) their employment status, not more than 20 working days after the day on which the change occurs;

    • (b) any departure from Canada, not less than 10 working days before the day of their departure; and

    • (c) any return to Canada, not more than 10 working days after the day of their return.

  • Marginal note:Cessation of reporting requirements

    (4) The reporting requirements in subsections (1) to (3) cease to apply to the designated foreign national on the day on which they become a permanent resident.

  • SOR/2012-244, s. 1

DIVISION 5Protected Persons — Permanent Residence

Marginal note:Judicial review

  •  (1) For the purposes of subsection 21(2) of the Act, an officer shall not be satisfied that an applicant meets the conditions of that subsection if the determination or decision is subject to judicial review or if the time limit for commencing judicial review has not elapsed.

  • (2) [Repealed, SOR/2012-154, s. 8]

  • Marginal note:Quebec

    (3) For the purposes of subsection 21(2) of the Act, an applicant who makes an application to remain in Canada as a permanent resident — and the family members included in the application — who intend to reside in the Province of Quebec as permanent residents and who are not persons whom the Board has determined to be Convention refugees, may become permanent residents only if it is established that the competent authority of that Province is of the opinion that they meet the selection criteria of the Province.

  • SOR/2012-154, s. 8

Marginal note:Family members

  •  (1) An applicant may include in their application to remain in Canada as a permanent resident any of their family members.

  • Marginal note:One-year time limit

    (2) A family member who is included in an application to remain in Canada as a permanent resident and who is outside Canada at the time the application is made shall be issued a permanent resident visa if

    • (a) the family member makes an application outside Canada to an officer within one year after the day on which the applicant becomes a permanent resident; and

    • (b) the family member is not inadmissible on the grounds referred to in subsection (3).

  • Marginal note:Inadmissibility

    (3) A family member who is inadmissible on any of the grounds referred to in subsection 21(2) of the Act shall not be issued a permanent resident visa and shall not become a permanent resident.

Marginal note:Prescribed classes

 For the purposes of subsection 21(2) of the Act, the following are prescribed as classes of persons who cannot become permanent residents:

  • (a) the class of persons who have been the subject of a decision under section 108 or 109 or subsection 114(3) of the Act resulting in the rejection of a claim for refugee protection or nullification of the decision that led to conferral of refugee protection;

  • (b) the class of persons who are permanent residents at the time of their application to remain in Canada as a permanent resident;

  • (c) the class of persons who have been recognized by any country, other than Canada, as Convention refugees and who, if removed from Canada, would be allowed to return to that country;

  • (d) the class of nationals or citizens of a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution; and

  • (e) the class of persons who have permanently resided in a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution, and who, if removed from Canada, would be allowed to return to that country.

  • SOR/2014-140, s. 16(E)

Marginal note:Identity documents

  •  (1) An applicant who does not hold a document described in any of paragraphs 50(1)(a) to (h) may submit with their application

    • (a) any identity document issued outside Canada before the person’s entry into Canada; or

    • (b) if there is a reasonable and objectively verifiable explanation related to circumstances in the applicant’s country of nationality or former habitual residence for the applicant’s inability to obtain any identity documents, a statutory declaration made by the applicant attesting to their identity, accompanied by

      • (i) a statutory declaration attesting to the applicant’s identity made by a person who, before the applicant’s entry into Canada, knew the applicant, a family member of the applicant or the applicant’s father, mother, brother, sister, grandfather or grandmother, or

      • (ii) a statutory declaration attesting to the applicant’s identity made by an official of an organization representing nationals of the applicant’s country of nationality or former habitual residence.

  • Marginal note:Alternative documents

    (2) A document submitted under subsection (1) shall be accepted in lieu of a document described in any of paragraphs 50(1)(a) to (h) if

    • (a) in the case of an identity document, the identity document

      • (i) is genuine,

      • (ii) identifies the applicant, and

      • (iii) constitutes credible evidence of the applicant’s identity; and

    • (b) in the case of a statutory declaration, the declaration

      • (i) is consistent with any information previously provided by the applicant to the Department or the Board, and

      • (ii) constitutes credible evidence of the applicant’s identity.

  • SOR/2004-167, s. 49
  • SOR/2011-126, s. 1

PART 9Temporary Residents

DIVISION 1Temporary Resident Visa

Marginal note:Issuance

 An officer shall issue a temporary resident visa to a foreign national if, following an examination, it is established that the foreign national

  • (a) has applied in accordance with these Regulations for a temporary resident visa as a member of the visitor, worker or student class;

  • (b) will leave Canada by the end of the period authorized for their stay under Division 2;

  • (c) holds a passport or other document that they may use to enter the country that issued it or another country;

  • (d) meets the requirements applicable to that class;

  • (e) is not inadmissible;

  • (f) meets the requirements of subsections 30(2) and (3), if they must submit to a medical examination under paragraph 16(2)(b) of the Act; and

  • (g) is not the subject of a declaration made under subsection 22.1(1) of the Act.

  • SOR/2012-154, s. 9
  • SOR/2013-210, s. 1

Holders of Temporary Resident Visas

Marginal note:Authorization

 A foreign national who holds a temporary resident visa is not authorized to enter and remain in Canada as a temporary resident unless, following an examination, it is established that the foreign national and their accompanying family members

  • (a) met the requirements for issuance of their temporary resident visa at the time it was issued; and

  • (b) continue to meet these requirements at the time of the examination on entry into Canada.

Applications for Extension of Authorization to Remain in Canada as a Temporary Resident

Marginal note:Circumstances

  •  (1) A foreign national may apply for an extension of their authorization to remain in Canada as a temporary resident if

    • (a) the application is made by the end of the period authorized for their stay; and

    • (b) they have complied with all conditions imposed on their entry into Canada.

  • Marginal note:Extension

    (2) An officer shall extend the foreign national’s authorization to remain in Canada as a temporary resident if, following an examination, it is established that the foreign national continues to meet the requirements of section 179.

Restoration of Temporary Resident Status

Marginal note:Restoration

  •  (1) On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay, has not failed to comply with any other conditions imposed and is not the subject of a declaration made under subsection 22.1(1) of the Act.

  • Marginal note:Exception

    (2) Despite subsection (1), an officer shall not restore the status of a student who is not in compliance with a condition set out in subsection 220.1(1).

  • SOR/2013-210, s. 2
  • SOR/2014-14, s. 3

DIVISION 1.1Declaration Under Subsection 22.1(1) of the Act

Marginal note:Notice

 If the Minister makes a declaration under subsection 22.1(1) of the Act in respect of a foreign national, the foreign national is considered to have been given notice of the declaration if

  • (a) notice is sent by mail to their last known address;

  • (b) notice is sent to their last known email address;

  • (c) notice is provided to them by hand, including at a port of entry; or

  • (d) notice is sent or provided by other reasonable means, if it is not possible to give notice by one of the means referred to in paragraphs (a) to (c).

  • SOR/2013-210, s. 2

Marginal note:Written submissions

  •  (1) A foreign national who is the subject of a declaration made under subsection 22.1(1) of the Act may make written submissions to the Minister as to why the declaration should be revoked or why its effective period should be shortened.

  • Marginal note:Time limit

    (2) The written submissions must be made within 60 days after the day on which the notice of the declaration is sent or provided to the foreign national, as the case may be.

  • SOR/2013-210, s. 2

DIVISION 2Conditions on Temporary Residents

Marginal note:General conditions

  •  (1) Subject to section 185, the following conditions are imposed on all temporary residents:

    • (a) to leave Canada by the end of the period authorized for their stay;

    • (b) to not work, unless authorized by this Part or Part 11;

    • (b.1) if authorized to work by this Part or Part 11, to not enter into an employment agreement, or extend the term of an employment agreement, with an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages;

    • (b.2) if authorized to work by this Part or Part 11, to not enter into an employment agreement, or extend the term of an employment agreement, with an employer referred to in any of subparagraphs 200(3)(h)(i) to (iii);

    • (c) to not study, unless authorized by the Act, this Part or Part 12; and

    • (d) to comply with all requirements imposed on them by an order or regulation made under the Emergencies Act or the Quarantine Act.

  • Marginal note:Authorized period of stay

    (2) Subject to subsections (3) to (5), the period authorized for the stay of a temporary resident is six months or any other period that is fixed by an officer on the basis of

    • (a) the temporary resident’s means of support in Canada;

    • (b) the period for which the temporary resident applies to stay; and

    • (c) the expiry of the temporary resident’s passport or other travel document.

  • Marginal note:Authorized period begins

    (3) The period authorized for the stay of a temporary resident begins on

    • (a) if they are authorized to enter and remain in Canada on a temporary basis, the day on which they first enter Canada after they are so authorized;

    • (a.1) if they have become a temporary resident in accordance with subsection 46(1.1) of the Act, the day on which their application to renounce their permanent resident status is approved; and

    • (b) in any other case, the day on which they enter Canada.

  • Marginal note:Authorized period ends

    (4) The period authorized for a temporary resident’s stay ends on the earliest of

    • (a) the day on which the temporary resident leaves Canada without obtaining prior authorization to re-enter Canada;

    • (b) the day on which their permit becomes invalid, in the case of a temporary resident who has been issued either a work permit or a study permit;

    • (b.1) the day on which the second of their permits becomes invalid, in the case of a temporary resident who has been issued a work permit and a study permit;

    • (c) the day on which any temporary resident permit issued to the temporary resident is no longer valid under section 63;

    • (c.1) in the case of a person who is required by section 10.01 of the Act to provide their biometric information, the day on which the period of 10 years following the latest day on which the person provided their biometric information under section 10.01 of the Act ends; or

    • (d) the day on which the period authorized under subsection (2) ends, if paragraphs (a) to (c) do not apply.

  • Marginal note:Extension of period authorized for stay

    (5) Subject to subsection (5.1), if a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until

    • (a) the day on which a decision is made, if the application is refused; or

    • (b) the end of the new period authorized for their stay, if the application is allowed.

  • Marginal note:Non-application

    (5.1) Subsection (5) does not apply in respect of a foreign national who is the subject of a declaration made under subsection 22.1(1) of the Act.

  • Marginal note:Continuation of status and conditions

    (6) If the period authorized for the stay of a temporary resident is extended by operation of paragraph (5)(a) or extended under paragraph (5)(b), the temporary resident retains their status, subject to any other conditions imposed, during the extended period.

  • SOR/2010-172, s. 1
  • SOR/2013-210, s. 3
  • SOR/2013-245, s. 3
  • SOR/2014-14, s. 4
  • SOR/2014-269, s. 3
  • SOR/2015-144, s. 3
  • SOR/2018-128, s. 7
  • SOR/2020-91, s. 4
 
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